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146 results for “commerce clause”

1. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 14, 2026

   Executive Order 14411: Strengthening Customs Enforcement

   …order operates within the federal government's enumerated power over foreign commerce and customs duties, and its measures are largely procedural and regulatory in nature. While it imposes new requirements on importers, these are within…

2. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   Executive Order 14380: Addressing Threats to the United States by the Government of Cuba

   SI review finds EO 14380 is a foreign-affairs and foreign-commerce emergency measure within presidential and delegated authority, with no domestic rights infringement, sovereignty violation, or taking. Minor tension remains because tariff…

3. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   Executive Order 14276: Restoring American Seafood Competitiveness

   …14276 constitutionally sound: it directs executive agencies within existing commerce and trade authorities to reduce regulatory burdens, improve fisheries science, and address unfair foreign practices, without infringing rights, seizing…

4. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 14, 2026

   Executive Order 14413: Ushering in the Next Frontier of Quantum Innovation

   …largely within the federal government's enumerated powers to promote science, commerce, and national defense, and it does not directly infringe on individual rights. However, it raises minor concerns about the centralization of quantum…

5. Constitution Index grade · Constitution grade C (Significant issues) · Oct 10, 2026

   S. 146: TAKE IT DOWN Act

   …in an area traditionally reserved to the states, though the interstate commerce nexus provides some justification. Overall, the law is a well-intentioned but constitutionally problematic attempt to regulate online speech and platform…

6. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   S. 1003: Lulu’s Law

   …warnings on the existing wireless alert system. It exercises a clear commerce power, restricts no rights, takes no property, and adds no federal control over local responders. Regulation of interstate electronic communications is within…

7. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

   H.R. 2978: GUARD Act

   …investment schemes is further supported by Article I, Section 8, Clause 3 (Commerce Clause). The bill does not create a new federal police power; it permits existing grant recipients to target fraud and directs FinCEN reporting, which is…

8. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   S. 331: HALT Fentanyl Act

   …I placement and uniform penalties for fentanyl-related trafficking fall within commerce authority and preserve trial rights, with a strong protective justification for a lethal interstate drug. Mandatory minimums and class-wide scheduling…

9. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

   Executive Order 14262: Strengthening the Reliability and Security of the United States Electric Grid

   …expedited emergency procedures, and reliability studies fall within commerce and executive authority, with no direct rights infringement. Retention and anti-retirement language for large plants creates only fixable tension on property, due…

10. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

    Executive Order 14266: Modifying Reciprocal Tariff Rates To Reflect Trading Partner Retaliation and Alignment

    …with private contract and disposition of property. Regulation of duties and commerce with foreign nations is one of the few functions that cannot be handled at a lower level. Article I, Section 8, Clause 3 expressly grants Congress power…

11. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14352: Saving TikTok While Protecting National Security

    …exercising Article I, Section 8, Clause 3 regulation of foreign and interstate commerce and Clause 11 authority over national defense. The order stays within that grant by making the findings the statute requires on ownership below 20…

12. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.R. 9340: Ratepayer Protection Act

    The Ratepayer Protection Act is constitutional. It rests on the Commerce Clause, infringes no Bill of Rights protection, preserves state decision-making by requiring only consideration of a cost-causer-pays standard, and provides no…

13. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.R. 8278: Fostering the Use of Technology to Uphold Regulatory Effectiveness in Supervision Act

    …supervisory technology and report to Congress every five years. Grounded in Commerce and Necessary and Proper powers, it creates no new regulation, no rights restriction, no taking, and no centralization. Congress has explicit authority to…

14. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.J.Res. 87: Providing congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "California State Motor Vehicle and Engine Pollution Control Standards; Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions; Advanced Clean Trucks; Zero Emission Airport Shuttle; Zero-Emission Power Train Certification; Waiver of Preemption; Notice of Decision".

    Congress used its commerce and oversight powers through lawful procedure to block a single-state emissions mandate from functioning as a national rule, protecting liberty and uniform federal law with no rights infringement or taking.…

15. Constitution Index grade · Constitution grade D (Likely unconstitutional) · Oct 08, 2026

    Executive Order 14245: Imposing Tariffs on Countries Importing Venezuelan Oil

    …a stretched emergency delegation, exercising Congress's Article I tax and commerce powers with vague standards and broad harm to private trade. Requires congressional authorization with clear limits. Article I, Section 8, Clauses 1 and 3…

16. Constitution Index grade · Constitution grade C (Significant issues) · Oct 13, 2026

    S. 2: Secure America Act

    …deliberation. While border security is a legitimate federal interest under the Commerce Clause and the plenary power over immigration, the bill's broad delegation of authority and the deployment of advanced surveillance systems without…

17. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.R. 4544: American Access to Banking Act

    …authority over the federal banking system under Article I, Section 8, Clause 3 Commerce Clause and Clause 18 Necessary and Proper Clause, plus Clause 5 power to regulate currency and financial system. Directing federal regulators to review…

18. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    H.R. 6955: Main Street Capital Access Act

    Deregulatory banking bill within Commerce and Necessary and Proper powers that reduces federal burdens, imposes no rights infringement, expands private and local decision-making, and takes no property without due process. Regulation of…

19. Constitution Index grade · Constitution grade A (Constitutional) · Oct 08, 2026

    Executive Order 14289: Addressing Certain Tariffs on Imported Articles

    …takes no property, and operates in the inherently federal field of foreign commerce. Any concern about the broader emergency-tariff regime is mitigated, not worsened, by this order. The power to lay duties and regulate commerce with…

20. Constitution Index grade · Constitution grade B (Mostly sound) · Oct 08, 2026

    Executive Order 14297: Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients

    …conduct, stays at the federal level only where foreign trade and interstate commerce require it, and defers takings and process questions to future lawful proceedings. Residual risk is in threatened future rulemaking and approval review,…